HB 7189

1	A bill to be entitled
2	An act relating to education personnel; amending s.
3	39.202, F.S.; authorizing the release of child abuse
4	records to certain employees and agents of the Department
5	of Education; amending s. 447.403, F.S.; deleting a
6	provision that provides for an expedited impasse hearing
7	for disputes involving the Merit Award Program plan to
8	conform to changes made by the act; amending s. 1002.33,
9	F.S.; requiring a charter school to adopt a salary
10	schedule for instructional personnel and school-based
11	administrators which meets certain requirements; providing
12	that charter schools must meet certain requirements for
13	end-of-course assessments, performance appraisals, and
14	certain contracts; deleting a cross-reference to conform
15	to changes made by the act; requiring that the
16	Commissioner of Education review certain charter schools
17	for compliance with the requirements for a salary
18	schedule, assessments, and contracts; requiring a
19	specified funding adjustment to be imposed against a
20	charter school that is not in compliance; amending s.
21	1003.52, F.S.; deleting a cross-reference to conform to
22	changes made by the act; repealing s. 1003.62, F.S.,
23	relating to academic performance-based charter school
24	districts; amending s. 1003.621, F.S.; providing
25	additional requirements for personnel in academically
26	high-performing school districts; repealing s. 1003.63,
27	relating to the deregulated public schools pilot program;
28	amending s. 1004.04, F.S.; revising the criteria for
29	continued approval of teacher preparation programs to
30	include student learning gains; deleting the waiver of
31	admissions criteria for certain students; deleting the
32	criterion relating to employer satisfaction; revising the
33	requirements for a teacher preparation program to provide
34	additional training to a graduate who fails to demonstrate
35	essential skills; deleting a provision that requires
36	state-approved teacher preparation programs and public and
37	private institutions offering training for school-
38	readiness-related professions to report graduate
39	satisfaction ratings; revising the requirements for
40	preservice field experience programs; repealing s.
41	1004.04(11) and (12), F.S., relating to the Preteacher and
42	Teacher Education Pilot Programs and the Teacher Education
43	Pilot Programs for High-Achieving Students; amending s.
44	1004.85, F.S.; revising the requirements for individuals
45	who participate in programs at postsecondary educator
46	preparation institutes; revising the requirements for
47	approved alternative certification programs and
48	instructors; creating s. 1008.222, F.S.; requiring school
49	districts to develop and implement end-of-course
50	assessments; requiring a review of assessments by the
51	Commissioner of Education; amending s. 1009.40, F.S.;
52	deleting cross-references to conform to changes made by
53	the act; repealing s. 1009.54, F.S., relating to the
54	Critical Teacher Shortage Program; repealing s. 1009.57,
55	F.S., relating to the Florida Teacher Scholarship and
56	Forgivable Loan Program; repealing s. 1009.58, F.S.,
57	relating to the Critical Teacher Shortage Tuition
58	Reimbursement Program; repealing s. 1009.59, F.S.,
59	relating to the Critical Teacher Shortage Student Loan
60	Forgiveness Program; amending s. 1009.94, F.S.; deleting
61	cross-references to conform to changes made by the act;
62	creating s. 1011.626, F.S.; providing legislative findings
63	and intent; creating the Performance Fund for
64	Instructional Personnel and School-Based Administrators;
65	providing for calculation of the fund amount; providing
66	for distribution of funds to districts and specifying
67	purposes for which funds may be expended; providing for
68	reversion of unexpended funds; specifying that salary
69	increases from these funds are in addition to other salary
70	adjustments; specifying requirements for individuals paid
71	from federal grants; requiring that each district school
72	board submit its district-adopted salary schedule and
73	certain assessments to the Commissioner of Education for
74	review; requiring that the commissioner determine
75	compliance with requirements applicable to the schedules
76	and assessments; requiring a review by the Auditor General
77	or an independent certified public accountant of certain
78	classroom teacher contracts; requiring that the
79	Commissioner of Education notify the Governor and
80	Legislature of school districts that fail to comply with
81	salary schedule, assessment, and contract requirements;
82	requiring a specified funding adjustment to be imposed
83	against a school district for such failure to comply;
84	requiring that the State Board of Education adopt rules;
85	amending s. 1011.69, F.S.; deleting a provision that
86	exempts academic performance-based charter school
87	districts from the Equity in School-Level Funding Act to
88	conform to changes made by the act; amending s. 1012.05,
89	F.S.; revising the Department of Education's
90	responsibilities for teacher recruitment; amending s.
91	1012.07, F.S.; revising the methodology for determining
92	critical teacher shortage areas; deleting cross-references
93	to conform to changes made by the act; amending s.
94	1012.22, F.S.; revising the powers and duties of the
95	district school board with respect to school district
96	compensation and salary schedules; requiring that certain
97	performance criteria be included in the adopted schedules;
98	revising the differentiated pay provisions; repealing s.
99	1012.225, F.S., relating to the Merit Award Program for
100	Instructional Personnel and School-Based Administrators;
101	repealing s. 1012.2251, F.S., relating to the end-of-
102	course examinations for the Merit Award Program; amending
103	s. 1012.28, F.S.; conforming provisions to changes made by
104	the act; amending s. 1012.33, F.S.; revising provisions
105	relating to contracts with certain educational personnel;
106	requiring a district school board's decision to retain
107	personnel who have continuing contracts or professional
108	service contracts to be primarily based on the employee's
109	performance; deleting requirements that school board
110	decisions for workforce reductions be based on collective
111	bargaining agreements; deleting requirements for district
112	school board rules for workforce reduction; creating s.
113	1012.335, F.S.; providing definitions; providing
114	employment criteria for newly hired classroom teachers;
115	providing grounds for termination; requiring that the
116	State Board of Education adopt rules defining the term
117	"just cause"; providing guidelines for such term; amending
118	s. 1012.34, F.S.; revising provisions related to the
119	appraisal of instructional personnel and school-based
120	administrators; requiring that the Department of Education
121	approve school district appraisal instruments; requiring
122	the Department of Education to collect appraisal
123	information from school districts and to report such
124	information to the Governor and the Legislature; providing
125	requirements for appraisal systems; authorizing an
126	employee to request that a district school superintendent
127	review an unsatisfactory performance appraisal; conforming
128	provisions to changes made by the act; amending s.
129	1012.42, F.S.; prohibiting a district school board from
130	assigning a new teacher to teach reading, science, or
131	mathematics if he or she is not certified in those subject
132	areas; repealing s. 1012.52, F.S., relating to legislative
133	intent for teacher quality; amending s. 1012.56, F.S.;
134	revising the certification requirements for persons
135	holding a valid professional standard teaching certificate
136	issued by another state; providing additional means of
137	demonstrating mastery of professional preparation and
138	education competence; requiring that the State Board of
139	Education review the current subject area examinations and
140	increase the scores necessary for achieving certification;
141	authorizing the State Board of Education to adopt rules to
142	allow certain college credit to be used to meet
143	certification requirements; amending s. 1012.585, F.S.;
144	providing for future expiration of provisions governing
145	certification of teachers who hold national certification;
146	revising the renewal requirements for a professional
147	certificate; providing additional requirements that must
148	be met in order to renew the certificate; requiring that
149	the State Board of Education adopt rules for the renewal
150	of a certificate held by a certificateholder who has not
151	been evaluated under s. 1012.34, F.S.; amending s.
152	1012.72, F.S.; limiting bonuses under the Dale Hickam
153	Excellent Teaching Program to individuals who remain
154	continuously employed in a public school in this state or
155	the Florida School for the Deaf and the Blind; amending s.
156	1012.79, F.S.; revising the composition of the Education
157	Practices Commission and a qualification for appointment
158	to the commission; amending s. 1012.795, F.S.; conforming
159	provisions to changes made by the act; requiring that the
160	Department of Education submit a report on the cost-
161	effectiveness of teacher preparation programs to the
162	Governor and the Legislature by a specified date;
163	specifying the report requirements; requiring that the
164	Office of Program Policy Analysis and Government
165	Accountability submit recommendations to the Legislature
166	relating to changes in the criteria for the continued
167	approval of teacher preparation programs; authorizing
168	school districts to seek an exemption from the State Board
169	of Education from the requirement of certain laws;
170	requiring the State Board of Education to adopt rules;
171	providing for severability; providing for application of a
172	specified provision of the act; providing effective dates.
173
174	Be It Enacted by the Legislature of the State of Florida:
175
176	Section 1.  Paragraph (t) is added to subsection (2) of
177	section 39.202, Florida Statutes, to read:
178	39.202  Confidentiality of reports and records in cases of
179	child abuse or neglect.-
180	(2)  Except as provided in subsection (4), access to such
181	records, excluding the name of the reporter which shall be
182	released only as provided in subsection (5), shall be granted
183	only to the following persons, officials, and agencies:
184	(t)  Employees or agents of the Department of Education who
185	are responsible for the investigation or prosecution of
186	misconduct by certified educators.
187	Section 2.  Paragraph (c) of subsection (2) of section
188	447.403, Florida Statutes, is amended to read:
189	447.403  Resolution of impasses.-
190	(2)
191	(c)  If the district school board is the public employer
192	and an impasse is declared under subsection (1) involving a
193	dispute of a Merit Award Program plan under s. 1012.225, the
194	dispute is subject to an expedited impasse hearing.
195	Notwithstanding subsections (3), (4), and (5), and the rules
196	adopted by the commission, the following procedures shall apply:
197	1.a.  The commission shall furnish the names of seven
198	special magistrates within 5 days after receiving notice of
199	impasse. If the parties are unable to agree upon a special
200	magistrate within 5 days after the date of the letter
201	transmitting the list of choices, the commission shall
202	immediately appoint a special magistrate. The special magistrate
203	shall set the hearing, which shall be held no later than 15 days
204	after the date of appointment of the special magistrate. Within
205	5 days after the date of appointment of a special magistrate,
206	each party shall serve upon the special magistrate and upon each
207	other party a written list of issues at impasse.
208	b.  At the close of the hearing, the parties shall
209	summarize their arguments and may provide a written memorandum
210	in support of their positions.
211	c.  Within 10 days after the close of the hearing, the
212	special magistrate shall transmit a recommended decision to the
213	commission and the parties.
214	d.  The recommended decision of the special magistrate
215	shall be deemed accepted by the parties, except as to those
216	recommendations that a party specifically rejects, by filing a
217	written notice with the commission and serving a copy on the
218	other party within 5 days after the date of the recommended
219	decision.
220	2.  If a party rejects any part of the recommended decision
221	of the special magistrate, the parties shall proceed directly to
222	resolution of the impasse by the district school board pursuant
223	to paragraph (4)(d).
224	Section 3.  Paragraph (c) is added to subsection (16) of
225	section 1002.33, Florida Statutes, paragraph (a) of subsection
226	(20) of that section is amended, present subsection (26) of that
227	section is redesignated as subsection (27), and a new subsection
228	(26) is added to that section, to read:
229	1002.33  Charter schools.-
230	(16)  EXEMPTION FROM STATUTES.-
231	(c)  A charter school shall also comply with the following:
232	1.  A charter school may not award a professional service
233	contract or similar contract to a classroom teacher hired on or
234	after July 1, 2010.
235	2.  Beginning with the 2014-2015 school year and
236	thereafter, a charter school must adopt a salary schedule for
237	instructional personnel and school-based administrators which
238	compensates instructional personnel and school-based
239	administrators based on their performance. Salary adjustments
240	for instructional personnel and school-based administrators must
241	be based only on performance demonstrated under s. 1012.34. A
242	charter school may not use length of service or degrees held by
243	instructional personnel or school-based administrators as a
244	factor in setting the salary schedule.
245	3.  A charter school must meet the following requirements:
246	a.  Administer assessments that comply with s. 1008.222.
247	However, a charter school may use its own assessments if the
248	assessments comply with s. 1008.222;
249	b.  Maintain the security and integrity of end-of-course
250	assessments developed or acquired pursuant to s. 1008.222; and
251	c.  Adopt a performance appraisal system that complies with
252	s. 1012.34.
253	(20)  SERVICES.-
254	(a)  A sponsor shall provide certain administrative and
255	educational services to charter schools. These services shall
256	include contract management services; full-time equivalent and
257	data reporting services; exceptional student education
258	administration services; services related to eligibility and
259	reporting duties required to ensure that school lunch services
260	under the federal lunch program, consistent with the needs of
261	the charter school, are provided by the school district at the
262	request of the charter school, that any funds due to the charter
263	school under the federal lunch program be paid to the charter
264	school as soon as the charter school begins serving food under
265	the federal lunch program, and that the charter school is paid
266	at the same time and in the same manner under the federal lunch
267	program as other public schools serviced by the sponsor or the
268	school district; test administration services, including payment
269	of the costs of state-required or district-required student
270	assessments; processing of teacher certificate data services;
271	and information services, including equal access to student
272	information systems that are used by public schools in the
273	district in which the charter school is located. Student
274	performance data for each student in a charter school,
275	including, but not limited to, FCAT scores, standardized test
276	scores, previous public school student report cards, and student
277	performance measures, shall be provided by the sponsor to a
278	charter school in the same manner provided to other public
279	schools in the district. A total administrative fee for the
280	provision of such services shall be calculated based upon up to
281	5 percent of the available funds defined in paragraph (17)(b)
282	for all students. However, a sponsor may only withhold up to a
283	5-percent administrative fee for enrollment for up to and
284	including 500 students. For charter schools with a population of
285	501 or more students, the difference between the total
286	administrative fee calculation and the amount of the
287	administrative fee withheld may only be used for capital outlay
288	purposes specified in s. 1013.62(2). Each charter school shall
289	receive 100 percent of the funds awarded to that school pursuant
290	to s. 1012.225. Sponsors shall not charge charter schools any
291	additional fees or surcharges for administrative and educational
292	services in addition to the maximum 5-percent administrative fee
293	withheld pursuant to this paragraph.
294	(26)  FUNDING AND COMPLIANCE.-
295	(a)  Effective with the beginning of the 2011-2012 year,
296	and each year thereafter, the Commissioner of Education shall
297	calculate and distribute funds from the Performance Fund for
298	Instructional Personnel and School-Based Administrators in s.
299	1011.626 to charter schools in the same manner as for school
300	districts. Charter schools must meet the requirements in s.
301	1011.626(5).
302	(b)  By September 15 of each year, each charter school
303	governing board shall certify to the Commissioner of Education
304	that its school meets the requirements in paragraph (16)(c). The
305	commissioner shall verify compliance with paragraph (16)(c) by
306	selecting a sample of charter schools each year to provide
307	information to determine compliance. On or before October 1 of
308	each year, a selected charter school must submit the requested
309	information to the commissioner. On or before December 15 of
310	each year, the commissioner shall complete a review of each
311	selected charter school for that school year, determine
312	compliance with paragraph (16)(c), and notify each charter
313	school governing board and sponsor if the charter school is not
314	in compliance with paragraph (16)(c). The commissioner shall
315	certify the charter schools that do not comply with paragraph
316	(16)(c) to the Governor, the President of the Senate, and the
317	Speaker of the House of Representative on or before February 15
318	of each year. Each certified charter school shall receive a
319	funding adjustment of state funds equivalent to 5 percent of the
320	total Florida Education Finance Program funds provided in the
321	General Appropriations Act for the charter school. Such funding
322	adjustment shall be implemented through the withholding of funds
323	to which the charter school is entitled.
324	Section 4.  Subsection (10) of section 1003.52, Florida
325	Statutes, is amended to read:
326	1003.52  Educational services in Department of Juvenile
327	Justice programs.-
328	(10)  The district school board shall recruit and train
329	teachers who are interested, qualified, or experienced in
330	educating students in juvenile justice programs. Students in
331	juvenile justice programs shall be provided a wide range of
332	educational programs and opportunities including textbooks,
333	technology, instructional support, and other resources available
334	to students in public schools. Teachers assigned to educational
335	programs in juvenile justice settings in which the district
336	school board operates the educational program shall be selected
337	by the district school board in consultation with the director
338	of the juvenile justice facility. Educational programs in
339	juvenile justice facilities shall have access to the substitute
340	teacher pool utilized by the district school board. Full-time
341	teachers working in juvenile justice schools, whether employed
342	by a district school board or a provider, shall be eligible for
343	the critical teacher shortage tuition reimbursement program as
344	defined by s. 1009.58 and other teacher recruitment and
345	retention programs.
346	Section 5.  Section 1003.62, Florida Statutes, is repealed.
347	Section 6.  Paragraph (h) of subsection (2) of section
348	1003.621, Florida Statutes, is amended to read:
349	1003.621  Academically high-performing school districts.-It
350	is the intent of the Legislature to recognize and reward school
351	districts that demonstrate the ability to consistently maintain
352	or improve their high-performing status. The purpose of this
353	section is to provide high-performing school districts with
354	flexibility in meeting the specific requirements in statute and
355	rules of the State Board of Education.
356	(2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
357	high-performing school district shall comply with all of the
358	provisions in chapters 1000-1013, and rules of the State Board
359	of Education which implement these provisions, pertaining to the
360	following:
361	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
362	differentiated pay and performance-pay policies for school
363	administrators and instructional personnel, and s. 1012.34,
364	relating to appraisal procedures and criteria. Professional
365	service contracts are subject to the provisions of s. ss.
366	1012.33 and 1012.34. Contracts with classroom teachers hired on
367	or after July 1, 2010, are subject to s. 1012.335.
368	Section 7.  Section 1003.63, Florida Statutes, is repealed.
369	Section 8.  Paragraph (b) of subsection (4) and subsections
370	(5) and (6) of section 1004.04, Florida Statutes, are amended to
371	read:
372	1004.04  Public accountability and state approval for
373	teacher preparation programs.-
374	(4)  INITIAL STATE PROGRAM APPROVAL.-
375	(b)  Each teacher preparation program approved by the
376	Department of Education, as provided for by this section, shall
377	require students to meet the following as prerequisites for
378	admission into the program:
379	1.  Have a grade point average of at least 2.5 on a 4.0
380	scale for the general education component of undergraduate
381	studies or have completed the requirements for a baccalaureate
382	degree with a minimum grade point average of 2.5 on a 4.0 scale
383	from any college or university accredited by a regional
384	accrediting association as defined by State Board of Education
385	rule or any college or university otherwise approved pursuant to
386	State Board of Education rule.
387	2.  Demonstrate mastery of general knowledge, including the
388	ability to read, write, and compute, by passing the General
389	Knowledge Test of the Florida Teacher Certification Examination,
390	the College Level Academic Skills Test, a corresponding
391	component of the National Teachers Examination series, or a
392	similar test pursuant to rules of the State Board of Education.
393
394	Each teacher preparation program may waive these admissions
395	requirements for up to 10 percent of the students admitted.
396	Programs shall implement strategies to ensure that students
397	admitted under a waiver receive assistance to demonstrate
398	competencies to successfully meet requirements for
399	certification.
400	(5)  CONTINUED PROGRAM APPROVAL.-Notwithstanding subsection
401	(4), failure by a public or nonpublic teacher preparation
402	program to meet the criteria for continued program approval
403	shall result in loss of program approval. The Department of
404	Education, in collaboration with the departments and colleges of
405	education, shall develop procedures for continued program
406	approval that document the continuous improvement of program
407	processes and graduates' performance.
408	(a)  Continued approval of specific teacher preparation
409	programs at each public and nonpublic postsecondary educational
410	institution within the state is contingent upon a determination
411	by the Department of Education of student learning gains, as
412	measured by state assessments required under s. 1008.22.
413	(b)(a)  Continued approval of specific teacher preparation
414	programs at each public and nonpublic postsecondary educational
415	institution within the state is contingent upon the passing of
416	the written examination required by s. 1012.56 by at least 90
417	percent of the graduates of the program who take the
418	examination. The Department of Education shall annually provide
419	an analysis of the performance of the graduates of such
420	institution with respect to the competencies assessed by the
421	examination required by s. 1012.56.
422	(c)(b)  Additional criteria for continued program approval
423	for public institutions may be approved by the State Board of
424	Education. Such criteria must emphasize instruction in classroom
425	management and must provide for the evaluation of the teacher
426	candidates' performance in this area. The criteria shall also
427	require instruction in working with underachieving students.
428	Program evaluation procedures must include, but are not limited
429	to, program graduates' satisfaction with instruction and the
430	program's responsiveness to local school districts. Additional
431	criteria for continued program approval for nonpublic
432	institutions shall be developed in the same manner as for public
433	institutions; however, such criteria must be based upon
434	significant, objective, and quantifiable graduate performance
435	measures. Responsibility for collecting data on outcome measures
436	through survey instruments and other appropriate means shall be
437	shared by the postsecondary educational institutions and the
438	Department of Education. By January 1 of each year, the
439	Department of Education shall report this information for each
440	postsecondary educational institution that has state-approved
441	programs of teacher education to the Governor, the State Board
442	of Education, the Board of Governors, the Commissioner of
443	Education, the President of the Senate, the Speaker of the House
444	of Representatives, all Florida postsecondary teacher
445	preparation programs, and interested members of the public. This
446	report must analyze the data and make recommendations for
447	improving teacher preparation programs in the state.
448	(d)(c)  Continued approval for a teacher preparation
449	program is contingent upon the results of periodic reviews, on a
450	schedule established by the State Board of Education, of the
451	program conducted by the postsecondary educational institution,
452	using procedures and criteria outlined in an institutional
453	program evaluation plan approved by the Department of Education,
454	which must include the program's review of and response to the
455	effect of its candidates and graduates on K-12 student learning.
456	This plan must also incorporate and respond to the criteria
457	established in paragraphs (a) and (b) and (c) and include
458	provisions for involving primary stakeholders, such as program
459	graduates, district school personnel, classroom teachers,
460	principals, community agencies, and business representatives in
461	the evaluation process. Upon request by an institution, the
462	department shall provide assistance in developing, enhancing, or
463	reviewing the institutional program evaluation plan and training
464	evaluation team members.
465	(e)(d)  Continued approval for a teacher preparation
466	program is contingent upon standards being in place that are
467	designed to adequately prepare elementary, middle, and high
468	school teachers to instruct their students in reading and
469	higher-level mathematics concepts and in the use of technology
470	at the appropriate grade level.
471	(f)(e)  Continued approval of teacher preparation programs
472	is contingent upon compliance with the student admission
473	requirements of subsection (4) and upon the receipt of at least
474	a satisfactory rating from public schools and private schools
475	that employ graduates of the program. Each teacher preparation
476	program shall guarantee the high quality of its graduates during
477	the first 2 years immediately following graduation from the
478	program or following the graduate's initial certification,
479	whichever occurs first. Any educator in a Florida school who
480	fails to demonstrate student learning gains the essential skills
481	as specified in paragraph (a) subparagraphs 1.-5. shall be
482	provided additional training by the teacher preparation program
483	at no expense to the educator or the employer. Such training
484	must consist of an individualized plan agreed upon by the school
485	district and the postsecondary educational institution that
486	includes specific learning outcomes. The postsecondary
487	educational institution assumes no responsibility for the
488	educator's employment contract with the employer. Employer
489	satisfaction shall be determined by an annually administered
490	survey instrument approved by the Department of Education that,
491	at a minimum, must include employer satisfaction of the
492	graduates' ability to do the following:
493	1.  Write and speak in a logical and understandable style
494	with appropriate grammar.
495	2.  Recognize signs of students' difficulty with the
496	reading and computational process and apply appropriate measures
497	to improve students' reading and computational performance.
498	3.  Use and integrate appropriate technology in teaching
499	and learning processes.
500	4.  Demonstrate knowledge and understanding of Sunshine
501	State Standards.
502	5.  Maintain an orderly and disciplined classroom conducive
503	to student learning.
504	(g)(f)1.  Each Florida public and private institution that
505	offers a state-approved teacher preparation program must
506	annually report information regarding these programs to the
507	state and the general public. This information shall be reported
508	in a uniform and comprehensible manner that is consistent with
509	definitions and methods approved by the Commissioner of the
510	National Center for Educational Statistics and that is approved
511	by the State Board of Education. This information must include,
512	at a minimum:
513	a.  The percent of graduates obtaining full-time teaching
514	employment within the first year of graduation.
515	b.  The average length of stay of graduates in their full-
516	time teaching positions.
517	c.  The percent of graduates whose students achieved
518	learning gains, as specified in paragraph (a). For purposes of
519	this paragraph, the information shall include the percentage of
520	the students taught per graduate who achieved learning gains.
521	Satisfaction ratings required in paragraph (e).
522	2.  Each public and private institution offering training
523	for school readiness related professions, including training in
524	the fields of child care and early childhood education, whether
525	offering career credit, associate in applied science degree
526	programs, associate in science degree programs, or associate in
527	arts degree programs, shall annually report information
528	regarding these programs to the state and the general public in
529	a uniform and comprehensible manner that conforms with
530	definitions and methods approved by the State Board of
531	Education. This information must include, at a minimum:
532	a.  Average length of stay of graduates in their teaching
533	positions.
534	b.  The percent of graduates obtaining full-time teaching
535	employment within the first year of graduation. Satisfaction
536	ratings of graduates' employers.
537
538	This information shall be reported through publications,
539	including college and university catalogs and promotional
540	materials sent to potential applicants, secondary school
541	guidance counselors, and prospective employers of the
542	institution's program graduates.
543	(6)  PRESERVICE FIELD EXPERIENCE.-All postsecondary
544	instructors, school district personnel and instructional
545	personnel, and school sites preparing instructional personnel
546	through preservice field experience courses and internships
547	shall meet special requirements. District school boards are
548	authorized to pay student teachers during their internships.
549	(a)  All instructors in postsecondary teacher preparation
550	programs who instruct or supervise preservice field experiences,
551	preservice experience courses, or internships shall have at
552	least one of the following: specialized training in clinical
553	supervision; a valid professional teaching certificate issued
554	under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
555	of successful teaching experience in prekindergarten through
556	grade 12.
557	(b)  All school district personnel and instructional
558	personnel who supervise or direct teacher preparation students
559	during field experience courses or internships must have
560	evidence of "clinical educator" training and must successfully
561	demonstrate effective classroom management strategies that
562	consistently result in improved student performance. The State
563	Board of Education shall approve the training requirements.
564	(c)  Preservice field experience programs must provide for
565	continuous student participation in K-12 classroom settings with
566	supervised instruction of K-12 students. All preservice field
567	experience programs must provide specific guidance and
568	demonstration of effective classroom management strategies,
569	strategies for incorporating technology into classroom
570	instruction, strategies for incorporating scientifically
571	researched, knowledge-based reading literacy and computational
572	skills acquisition into classroom instruction, and ways to link
573	instructional plans to the Sunshine State Standards, as
574	appropriate. The length of structured field experiences may be
575	extended to ensure that candidates achieve the competencies
576	needed to meet certification requirements.
577	(d)  Postsecondary teacher preparation programs, in
578	consultation cooperation with district school boards and
579	approved private school associations, shall select the school
580	sites for preservice field experience activities based on the
581	instructional skills of the instructor or supervisor with whom
582	the teaching candidate is placed, as demonstrated by the
583	instructor's or supervisor's sustained student learning gains as
584	specified in paragraph (5)(a). These sites must represent the
585	full spectrum of school communities, including, but not limited
586	to, schools located in urban settings. In order to be selected,
587	school sites must demonstrate commitment to the education of
588	public school students and to the preparation of future
589	teachers.
590	Section 9.  Subsections (11) and (12) of section 1004.04,
591	Florida Statutes, are repealed.
592	Section 10.  Paragraph (b) of subsection (3) and
593	subsections (4) and (5) of section 1004.85, Florida Statutes,
594	are amended to read:
595	1004.85  Postsecondary educator preparation institutes.-
596	(3)  Educator preparation institutes approved pursuant to
597	this section may offer alternative certification programs
598	specifically designed for noneducation major baccalaureate
599	degree holders to enable program participants to meet the
600	educator certification requirements of s. 1012.56. Such programs
601	shall be competency-based educator certification preparation
602	programs that prepare educators through an alternative route. An
603	educator preparation institute choosing to offer an alternative
604	certification program pursuant to the provisions of this section
605	must implement a program previously approved by the Department
606	of Education for this purpose or a program developed by the
607	institute and approved by the department for this purpose.
608	Approved programs shall be available for use by other approved
609	educator preparation institutes.
610	(b)  Each program participant must:
611	1.  Meet certification requirements pursuant to s.
612	1012.56(1) and (2) by obtaining a statement of status of
613	eligibility prior to admission into the program which indicates
614	eligibility for a temporary certificate in a teaching subject
615	and meet the requirements of s. 1012.56(2)(a)-(f).
616	2.  Participate in field experience that is appropriate to
617	his or her educational plan.
618	3.  Demonstrate mastery of general knowledge by one of the
619	options provided in s. 1012.56(3) prior to completion of the
620	program.
621	4.3.  Fully demonstrate his or her ability to teach the
622	subject area for which he or she is seeking certification
623	through field experiences and by achievement of a passing score
624	on the corresponding subject area test prior to completion of
625	the program and demonstrate mastery of professional preparation
626	and education competence by achievement of a passing score on
627	the professional education competency examination required by
628	state board rule prior to completion of the program.
629	(4)  Each alternative certification program institute
630	approved pursuant to this section shall submit to the Department
631	of Education annual performance evaluations that measure the
632	effectiveness of the programs, including the pass rates of
633	participants on all examinations required for teacher
634	certification, employment rates, longitudinal retention rates,
635	and a review of the impact that participants who have completed
636	the program have on K-12 student learning and employer
637	satisfaction surveys. The employer satisfaction surveys must be
638	designed to measure the sufficient preparation of the educator
639	to enter the classroom. These evaluations and evidence of
640	student learning gains, as measured by state assessments
641	required under s. 1008.22, shall be used by the Department of
642	Education for purposes of continued approval of an educator
643	preparation institute's alternative certification program.
644	(5)  Instructors for an alternative certification program
645	approved pursuant to this section must meet the requirements of
646	s. 1004.04(6) possess a master's degree in education or a
647	master's degree in an appropriate related field and document
648	teaching experience.
649	Section 11.  Section 1008.222, Florida Statutes, is created
650	to read:
651	1008.222  Development and implementation of end-of-course
652	assessments of certain subject areas and grade levels.-
653	(1)  Each school district must develop or acquire a valid
654	and reliable end-of-course assessment for each subject area and
655	grade level not measured by state assessments required under s.
656	1008.22 or by examinations in AP, IB, AICE, or a national
657	industry certification identified in the Industry Certification
658	Funding List pursuant to rules adopted by the State Board of
659	Education. The content, knowledge, and skills assessed by end-
660	of-course assessments for each school district must be aligned
661	to the core curricular content established in the Sunshine State
662	Standards.
663	(2)(a)  Beginning with the 2013-2014 school year, each
664	school district must require that each school in the district
665	administer the district's standard assessment for each subject
666	area or grade level, as described in subsection (1).
667	(b)  Each district school superintendent must ensure that
668	teachers who provide instruction in the same subject or grade
669	level administer the same end-of-course assessment, as described
670	in subsection (1). Each school district must adopt policies to
671	ensure standardized administration and security of the
672	assessments.
673	(c)  Each district school superintendent is responsible for
674	implementing standardized assessment security and
675	administration, the reporting of assessment results, and using
676	assessment results to comply with provisions of ss.
677	1012.22(1)(c) and 1012.34. The district school superintendent
678	shall certify to the Commissioner of Education that the security
679	of a standardized assessment required under this section is
680	maintained. If a district school superintendent's certification
681	is determined to be invalid through an audit by the Auditor
682	General or an investigation by the Department of Education, the
683	superintendent is subject to suspension and removal on the
684	grounds of misfeasance pursuant to s. 7, Art. IV of the State
685	Constitution.
686	(d)  The Commissioner of Education shall identify methods
687	to assist and support districts in the development and
688	acquisition of assessments required under this section. Methods
689	may include the development of item banks, facilitation of the
690	sharing of developed tests among districts, and technical
691	assistance in best professional practices of test development
692	based on state-adopted curriculum standards, administration, and
693	security.
694	Section 12.  Paragraph (a) of subsection (1) of section
695	1009.40, Florida Statutes, is amended to read:
696	1009.40  General requirements for student eligibility for
697	state financial aid awards and tuition assistance grants.-
698	(1)(a)  The general requirements for eligibility of
699	students for state financial aid awards and tuition assistance
700	grants consist of the following:
701	1.  Achievement of the academic requirements of and
702	acceptance at a state university or community college; a nursing
703	diploma school approved by the Florida Board of Nursing; a
704	Florida college, university, or community college which is
705	accredited by an accrediting agency recognized by the State
706	Board of Education; any Florida institution the credits of which
707	are acceptable for transfer to state universities; any career
708	center; or any private career institution accredited by an
709	accrediting agency recognized by the State Board of Education.
710	2.  Residency in this state for no less than 1 year
711	preceding the award of aid or a tuition assistance grant for a
712	program established pursuant to s. 1009.50, s. 1009.505, s.
713	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
714	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
715	1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
716	Residency in this state must be for purposes other than to
717	obtain an education. Resident status for purposes of receiving
718	state financial aid awards shall be determined in the same
719	manner as resident status for tuition purposes pursuant to s.
720	1009.21.
721	3.  Submission of certification attesting to the accuracy,
722	completeness, and correctness of information provided to
723	demonstrate a student's eligibility to receive state financial
724	aid awards or tuition assistance grants. Falsification of such
725	information shall result in the denial of any pending
726	application and revocation of any award or grant currently held
727	to the extent that no further payments shall be made.
728	Additionally, students who knowingly make false statements in
729	order to receive state financial aid awards or tuition
730	assistance grants commit a misdemeanor of the second degree
731	subject to the provisions of s. 837.06 and shall be required to
732	return all state financial aid awards or tuition assistance
733	grants wrongfully obtained.
734	Section 13.  Section 1009.54, Florida Statutes, is
735	repealed.
736	Section 14.  Section 1009.57, Florida Statutes, is
737	repealed.
738	Section 15.  Section 1009.58, Florida Statutes, is
739	repealed.
740	Section 16.  Section 1009.59, Florida Statutes, is
741	repealed.
742	Section 17.  Paragraph (c) of subsection (2) of section
743	1009.94, Florida Statutes, is amended to read:
744	1009.94  Student financial assistance database.-
745	(2)  For purposes of this section, financial assistance
746	includes:
747	(c)  Any financial assistance provided under s. 1009.50, s.
748	1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
749	1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
750	1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
751	1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
752	Section 18.  Section 1011.626, Florida Statutes, is created
753	to read:
754	1011.626  Performance Fund for Instructional Personnel and
755	School-Based Administrators.-
756	(1)  LEGISLATIVE INTENT.-It is the intent of the
757	Legislature to ensure that every student has a high-quality
758	teacher in his or her classroom. The Legislature intends,
759	therefore, to hold school districts accountable for demonstrably
760	increasing student achievement.
761	(2)  FINDINGS.-The Legislature finds that:
762	(a)  Quality classroom teachers and school-based
763	administrators are the single greatest indicators of student
764	achievement.
765	(b)  A school district that fails to reward quality
766	classroom teachers or school-based administrators on the
767	performance of their students, and instead rewards these
768	individuals, in whole or in part, based on the number of years
769	worked or degrees held, has violated s. 1012.22(1)(c). A school
770	district's failure to comply with s. 1012.22(1)(c) fails to
771	maximize student learning by not providing the appropriate
772	incentives to attract and retain quality classroom teachers and
773	school-based administrators. As a result, students are penalized
774	for the acts or omissions of district school boards or district
775	school superintendents.
776	(c)  A school district that fails to adopt and implement
777	end-of-course assessments that comply with s. 1008.222
778	frustrates the purpose of ensuring that each student has a high-
779	quality teacher in his or her classroom by preventing the
780	determination of the quality of a classroom teacher's or school-
781	based administrator's performance.
782	(d)  A school district that fails to comply with s.
783	1012.335 frustrates the purpose of ensuring that each student
784	has a high-quality teacher in his or her classroom by preventing
785	the school district from promptly removing a poor-performing
786	classroom teacher from the classroom and employment.
787	(3)  PERFORMANCE FUND.-Effective with the beginning of the
788	2011-2012 year and each year thereafter, the Performance Fund
789	for Instructional Personnel and School-Based Administrators is
790	established.
791	(4)  CALCULATION OF THE FUND.-The Commissioner of Education
792	shall calculate for the second calculation for each district and
793	charter school an amount of state funds equivalent to 5 percent
794	of the total state, local, and federal funding determined by the
795	Florida Education Finance Program under ss. 1011.62, 1011.685,
796	and 1011.71(1) and (3). Such funds shall be designated as each
797	district's and charter school's annual Performance Fund for
798	Instructional Personnel and School-Based Administrators.
799	(5)  DISTRIBUTION OF THE FUND.-
800	(a)  The commissioner shall distribute these funds in
801	accordance with the provisions of s. 1011.62(12) to a district
802	for the implementation of a salary schedule adopted by the
803	district school board pursuant to s. 1012.22, implementation of
804	a performance appraisal system pursuant to s. 1012.34, and the
805	development of end-of-course assessments pursuant to s.
806	1008.222. The funds may not be used to increase the base
807	salaries or salary adjustments of employees rated as
808	unsatisfactory or needs improvement pursuant to s. 1012.34.
809	(b)  If funds remain in a district's Performance Fund for
810	Instructional Personnel and School-Based Administrators after
811	the end-of-course assessments in s. 1008.222, performance
812	appraisal system requirements in s. 1012.34, and salary schedule
813	requirements in s. 1012.22 have been met, the balance may be
814	used by the district for the same purpose as funds provided
815	pursuant to s. 1011.62(1)(t). Any funds remaining in a
816	district's fund at the end of the state fiscal year shall revert
817	to the fund from which they were appropriated.
818	(c)  A salary increase awarded from these funds shall be
819	awarded in addition to any general increase or other adjustments
820	to salaries which are made by a school district. An employee's
821	eligibility for or receipt of a salary increase shall not
822	adversely affect that employee's opportunity to qualify for or
823	to receive any other compensation that is made generally
824	available to other similarly situated district school board
825	employees.
826	(d)  Each district shall annually set aside sufficient
827	federal grant funds to ensure that the policies described in
828	this section are equally applied to eligible individuals paid
829	from federal grants.
830	(6)  REVIEW.-
831	(a)  Beginning with the 2014-2015 fiscal year and each
832	fiscal year thereafter, each district school board must submit
833	the district-adopted salary schedule for the school year and
834	supporting documentation to the commissioner for review on or
835	before October 1 of each year. On or before December 15 of each
836	year, the commissioner shall complete a review of each salary
837	schedule submitted for that school year, determine compliance
838	with s. 1012.22(1)(c), and notify a district school board if the
839	district salary schedule fails to meet the requirements in s.
840	1012.22(1)(c). The commissioner shall certify those school
841	districts that do not comply with s. 1012.22(1)(c) to the
842	Governor, the President of the Senate, and the Speaker of the
843	House of Representatives on or before February 15 of each year.
844	(b)  Beginning with the 2013-2014 fiscal year and
845	thereafter, the commissioner shall select a sampling of school
846	district end-of-course assessments from multiple districts, and
847	school districts must submit for review the requested
848	assessments and supporting documentation on or before October 1
849	of each year. A school district that fails to provide the
850	requested assessment to the commissioner on or before October 1
851	of each year is in violation of s. 1008.222. On or before
852	December 15 of each year, the commissioner shall complete a
853	review of each selected assessment, determine compliance with s.
854	1008.222, and notify a district school board if the selected
855	assessment fails to meet the requirements in s. 1008.222. The
856	commissioner shall certify those school districts that do not
857	comply with s. 1008.222 to the Governor, the President of the
858	Senate, and the Speaker of the House of Representatives on or
859	before February 15 of each year.
860	(c)  In the financial audit of each school district,
861	performed by either the Auditor General or an independent
862	certified public accountant in accordance with s. 218.39, the
863	auditor shall review a sample of classroom teacher contracts and
864	determine compliance with s. 1012.335. The sample shall be
865	selected in accordance with guidelines established by the
866	American Institute of Certified Public Accountants. The auditor
867	shall document violations of s. 1012.335 and provide the
868	documentation to the Commissioner of Education on or before
869	October 1 of each year following the audit. On or before
870	December 15 of each year, the commissioner shall notify the
871	Governor, the President of the Senate, the Speaker of the House
872	of Representatives, and each school district identified in the
873	audit that has not complied with s. 1012.335.
874	(7)  FUNDING ADJUSTMENT.-A school district that is
875	certified by the commissioner as not in compliance with the law
876	as described in paragraph (6)(a), paragraph (6)(b), or paragraph
877	(6)(c) shall receive a funding adjustment equal to the amount
878	calculated in subsection (4). Such funding adjustment shall be
879	implemented through the withholding of undistributed funds to
880	which the district is otherwise entitled. To the extent a
881	district's undistributed funds are insufficient to fully satisfy
882	the funding adjustment, the unsatisfied balance shall be
883	withheld from the district's operating funds for the subsequent
884	fiscal year in the form of a prior year adjustment.
885	(8)  RULEMAKING.-The State Board of Education shall adopt
886	rules pursuant to ss. 120.536(1) and 120.54 to implement this
887	section. Such rules shall include the documentation requirements
888	for districts, processes and criteria used for determining
889	whether the salary schedule, performance appraisal system, and
890	end-of-course assessments comply with this section, and the
891	reporting and monitoring processes that will be used to ensure
892	compliance with the use of funds distributed under paragraph
893	(5)(a).
894	Section 19.  Subsection (2) of section 1011.69, Florida
895	Statutes, is amended to read:
896	1011.69  Equity in School-Level Funding Act.-
897	(2)  Beginning in the 2003-2004 fiscal year, district
898	school boards shall allocate to schools within the district an
899	average of 90 percent of the funds generated by all schools and
900	guarantee that each school receives at least 80 percent of the
901	funds generated by that school based upon the Florida Education
902	Finance Program as provided in s. 1011.62 and the General
903	Appropriations Act, including gross state and local funds,
904	discretionary lottery funds, and funds from the school
905	district's current operating discretionary millage levy. Total
906	funding for each school shall be recalculated during the year to
907	reflect the revised calculations under the Florida Education
908	Finance Program by the state and the actual weighted full-time
909	equivalent students reported by the school during the full-time
910	equivalent student survey periods designated by the Commissioner
911	of Education. If the district school board is providing programs
912	or services to students funded by federal funds, any eligible
913	students enrolled in the schools in the district shall be
914	provided federal funds. Only academic performance-based charter
915	school districts, pursuant to s. 1003.62, are exempt from the
916	provisions of this section.
917	Section 20.  Subsection (4) of section 1012.05, Florida
918	Statutes, is amended to read:
919	1012.05  Teacher recruitment and retention.-
920	(4)  The Department of Education, in cooperation with
921	district personnel offices, may shall sponsor virtual job fairs
922	a job fair in a central part of the state to match high-quality,
923	in-state educators and potential educators and out-of-state
924	educators and potential educators with teaching opportunities in
925	this state. The Department of Education is authorized to collect
926	a job fair registration fee not to exceed $20 per person and a
927	booth fee not to exceed $250 per school district or other
928	interested participating organization. The revenue from the fees
929	shall be used to promote and operate the job fair. Funds may be
930	used to purchase promotional items such as mementos, awards, and
931	plaques.
932	Section 21.  Section 1012.07, Florida Statutes, is amended
933	to read:
934	1012.07  Identification of critical teacher shortage
935	areas.-
936	(1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
937	"critical teacher shortage area" means high-need content areas
938	applies to mathematics, science, career education, and high-
939	priority high priority location areas identified by. the State
940	Board of Education may identify career education programs having
941	critical teacher shortages. The State Board of Education shall
942	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
943	annually identify other critical teacher shortage areas and high
944	priority location areas. The state board must shall also
945	consider current and emerging educational requirements and
946	workforce demands teacher characteristics such as ethnic
947	background, race, and sex in determining critical teacher
948	shortage areas. School grade levels may also be designated
949	critical teacher shortage areas. Individual district school
950	boards may identify and submit other critical teacher shortage
951	areas. Such submissions shortages must be aligned to current and
952	emerging educational requirements and workforce demands in order
953	to be certified to and approved by the State Board of Education.
954	High-priority High priority location areas shall be in high-
955	density, low-economic urban schools; and low-density, low-
956	economic rural schools; and schools identified as lowest
957	performing under s. 1008.33(4)(b) shall include schools which
958	meet criteria which include, but are not limited to, the
959	percentage of free lunches, the percentage of students under
960	Chapter I of the Education Consolidation and Improvement Act of
961	1981, and the faculty attrition rate.
962	(2)  This section shall be implemented only to the extent
963	as specifically funded and authorized by law.
964	Section 22.  Effective July 1, 2014, paragraph (c) of
965	subsection (1) of section 1012.22, Florida Statutes, is amended
966	to read:
967	1012.22  Public school personnel; powers and duties of the
968	district school board.-The district school board shall:
969	(1)  Designate positions to be filled, prescribe
970	qualifications for those positions, and provide for the
971	appointment, compensation, promotion, suspension, and dismissal
972	of employees as follows, subject to the requirements of this
973	chapter:
974	(c)  Compensation and salary schedules.-
975	1.a.  As provided in this paragraph, the district school
976	board shall adopt a salary schedule that compensates employees
977	based on their performance. The district school board shall
978	adopt a salary schedule or salary schedules designed to furnish
979	incentives for improvement in training and for continued
980	efficient service to be used as a basis for paying all school
981	employees and fix and authorize the compensation of school
982	employees on the basis thereof.
983	b.2.  A district school board, in determining the salary
984	adjustments schedule for instructional personnel and school-
985	based administrators, must base a portion of each employee's
986	adjustment only compensation on performance demonstrated under
987	s. 1012.34, must consider the prior teaching experience of a
988	person who has been designated state teacher of the year by any
989	state in the United States, and must consider prior professional
990	experience in the field of education gained in positions in
991	addition to district level instructional and administrative
992	positions.
993	c.3.  In developing the salary schedule, the district
994	school board shall seek input from parents, teachers, and
995	representatives of the business community.
996	2.4.  Beginning with the 2007-2008 academic year, Each
997	district school board shall adopt a salary adjustment for
998	schedule with differentiated pay for both instructional
999	personnel and school-based administrators. The salary schedule
1000	is subject to negotiation as provided in chapter 447 and must
1001	allow differentiated pay based on the following:
1002	a.  Assignment to a school in a high-priority location
1003	area, as defined in State Board of Education rule, with
1004	continued differentiated pay contingent upon documentation of
1005	performance under s. 1012.34;
1006	b.  Certification and teaching in critical teacher shortage
1007	areas, as defined in State Board of Education rule, with
1008	continued differentiated pay contingent upon documentation of
1009	performance under s. 1012.34; and
1010	c.  Assignment of additional academic responsibilities,
1011	with continued differentiated pay contingent upon documentation
1012	of performance under s. 1012.34.
1013	3.  A district school board shall adopt a salary schedule
1014	for beginning and renewing teachers as follows:
1015	a.  A beginning teacher. For purposes of this sub-
1016	subparagraph, the term "beginning teacher" is a classroom
1017	teacher as defined in s. 1012.01(2)(a) who has no prior K-12
1018	teaching experience.
1019	b.  A teacher who holds a valid professional standard
1020	certificate issued by another state and who is hired by the
1021	district school board.
1022	c.  A teacher who holds a valid professional certificate
1023	issued pursuant to s. 1012.56, who has not taught in the
1024	classroom at any time during the previous certification period,
1025	and who is hired by the district school board.
1026	4.  The salary schedule in subparagraph 3. shall be in
1027	effect only for the first year that the teacher provides
1028	instruction in a Florida K-12 classroom. A district school board
1029	may not use length of service or degrees held as a factor in
1030	setting a salary schedule district-determined factors,
1031	including, but not limited to, additional responsibilities,
1032	school demographics, critical shortage areas, and level of job
1033	performance difficulties.
1034	Section 23.  Section 1012.225, Florida Statutes, is
1035	repealed.
1036	Section 24.  Section 1012.2251, Florida Statutes, is
1037	repealed.
1038	Section 25.  Subsection (3) of section 1012.28, Florida
1039	Statutes, is amended to read:
1040	1012.28  Public school personnel; duties of school
1041	principals.-
1042	(3)  Each school principal is responsible for the
1043	performance of all personnel employed by the district school
1044	board and assigned to the school to which the principal is
1045	assigned. The school principal shall faithfully and effectively
1046	apply the personnel appraisal assessment system approved by the
1047	district school board pursuant to s. 1012.34.
1048	Section 26.  Subsection (5) of section 1012.33, Florida
1049	Statutes, is amended to read:
1050	1012.33  Contracts with instructional staff, supervisors,
1051	and school principals.-
1052	(5)  Should a district school board have to choose from
1053	among its personnel who are on continuing contracts or
1054	professional service contracts as to which should be retained,
1055	such decisions shall be based primarily upon the employee's
1056	performance as provided in s. 1012.34 made pursuant to the terms
1057	of a collectively bargained agreement, when one exists. If no
1058	such agreement exists, the district school board shall prescribe
1059	rules to handle reductions in workforce.
1060	Section 27.  Section 1012.335, Florida Statutes, is created
1061	to read:
1062	1012.335  Contracts with classroom teachers hired on or
1063	after July 1, 2010.-
1064	(1)  DEFINITIONS.-As used in this section, the term:
1065	(a)  "Annual contract" means a contract for a period of no
1066	longer than 1 school year in which the district school board may
1067	choose to renew or not renew without cause.
1068	(b)  "Classroom teacher" means a classroom teacher as
1069	defined in s. 1012.01(2)(a), excluding substitute teachers.
1070	(c)  "Probationary contract" means a contract for a period
1071	of no longer than 1 school year during which a classroom teacher
1072	may be dismissed without cause or may resign from the
1073	contractual position without breach of contract.
1074	(2)  EMPLOYMENT.-
1075	(a)  Beginning July 1, 2010, each person newly hired as a
1076	classroom teacher by a school district shall receive a
1077	probationary contract.
1078	(b)  A classroom teacher may receive up to four annual
1079	contracts in a school district in this state if the teacher:
1080	1.  Holds a professional certificate as prescribed by s.
1081	1012.56 and in the rules of the State Board of Education; and
1082	2.  Has been recommended by the district school
1083	superintendent for the annual contract and approved by the
1084	district school board.
1085	(c)  A classroom teacher may not receive an annual contract
1086	for the 6th year of teaching and thereafter unless the classroom
1087	teacher:
1088	1.  Holds a professional certificate as prescribed by s.
1089	1012.56 and in the rules of the State Board of Education;
1090	2.  Has been recommended by the district school
1091	superintendent for the annual contract and approved by the
1092	district school board; and
1093	3.  Has received an effective or highly effective
1094	designation on his or her appraisal pursuant to s. 1012.34 in at
1095	least 2 of the 3 preceding years for each year an annual
1096	contract is sought.
1097	(3)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
1098	ANNUAL CONTRACT.-A classroom teacher who has an annual contract
1099	may be suspended or dismissed at any time during the term of the
1100	contract for just cause as provided in subsection (4). The
1101	district school board must notify a classroom teacher in writing
1102	whenever charges are made against the classroom teacher, and the
1103	district school board may suspend him or her without pay.
1104	However, if the charges are not sustained, the classroom teacher
1105	shall be immediately reinstated and his or her back pay shall be
1106	paid.
1107	(4)  JUST CAUSE.-The State Board of Education shall adopt
1108	rules to define the term "just cause." Just cause includes, but
1109	is not limited to:
1110	(a)  Immorality.
1111	(b)  Misconduct in office.
1112	(c)  Incompetency.
1113	(d)  Gross insubordination.
1114	(e)  Willful neglect of duty.
1115	(f)  Being convicted or found guilty of, or entering a plea
1116	of guilty to, regardless of adjudication of guilt, any crime
1117	involving moral turpitude.
1118	(g)  Poor performance as demonstrated by a lack of student
1119	learning gains, as specified in s. 1012.34.
1120	Section 28.  Section 1012.34, Florida Statutes, is amended
1121	to read:
1122	1012.34  Appraisal Assessment procedures and criteria.-
1123	(1)  For the purpose of increasing student achievement by
1124	improving the quality of instructional, administrative, and
1125	supervisory services in the public schools of the state, the
1126	district school superintendent shall establish procedures for
1127	evaluating assessing the performance of duties and
1128	responsibilities of all instructional, administrative, and
1129	supervisory personnel employed by the school district. The
1130	Department of Education must approve each district's
1131	instructional personnel appraisal assessment system and
1132	appraisal instruments. The Department of Education must approve
1133	each school-based administrator appraisal system and appraisal
1134	instruments. The department shall collect from each school
1135	district the annual performance ratings of all instructional and
1136	school-based administrative personnel and report the percentage
1137	of each of these employees receiving each rating category by
1138	school and by district to the Governor, the President of the
1139	Senate, and the Speaker of the House of Representatives.
1140	(2)  The following conditions must be considered in the
1141	design of the district's instructional personnel appraisal
1142	assessment system:
1143	(a)  The system must be designed to support high-quality
1144	instruction and increased academic achievement district and
1145	school level improvement plans.
1146	(b)  The system must provide appropriate appraisal
1147	instruments, procedures, and criteria for continuous quality
1148	improvement of the professional skills of instructional
1149	personnel.
1150	(c)  The system must include a mechanism to examine
1151	performance data from multiple sources, which includes giving
1152	give parents an opportunity to provide input into employee
1153	performance appraisals assessments when appropriate.
1154	(d)  In addition to addressing generic teaching
1155	competencies, districts must determine those teaching fields for
1156	which special procedures and criteria will be developed.
1157	(e)  Each district school board may establish a peer
1158	assistance process. The plan may provide a mechanism for
1159	assistance of persons who are placed on performance probation as
1160	well as offer assistance to other employees who request it.
1161	(f)  Each The district school board shall provide training
1162	programs that are based upon guidelines provided by the
1163	Department of Education to ensure that all individuals with
1164	evaluation responsibilities understand the proper use of the
1165	appraisal assessment criteria and procedures.
1166	(g)  The system must differentiate among four levels of
1167	performance: unsatisfactory, needs improvement, effective, and
1168	highly effective. The Commissioner of Education shall consult
1169	with performance pay experts and classroom teachers in
1170	developing the performance levels. Beginning with the 2014-2015
1171	school year and thereafter, instructional personnel and school-
1172	based administrators may not be rated as effective or highly
1173	effective if their students fail to demonstrate learning gains.
1174	(h)  The system must include a process for monitoring the
1175	effective and consistent use of appraisal criteria by
1176	supervisors and administrators and a process for evaluating the
1177	effectiveness of the system itself in improving the level of
1178	instruction and learning in the district's schools.
1179	(3)  The appraisal assessment procedure for instructional
1180	personnel and school administrators must be primarily based on
1181	the performance of students assigned to their classrooms or
1182	schools, as described in paragraph (a) appropriate. Pursuant to
1183	this section, A school district's performance appraisal
1184	assessment is not limited to basing unsatisfactory performance
1185	of instructional personnel and school administrators upon
1186	student performance, but may include other criteria approved to
1187	evaluate assess instructional personnel and school
1188	administrators' performance, or any combination of student
1189	performance and other approved criteria. The procedures must
1190	comply with, but are not limited to, the following requirements:
1191	(a)  An appraisal assessment must be conducted for each
1192	employee at least once a year, except that an appraisal for each
1193	teacher, as described in s. 1012.22(1)(c)3., must be conducted
1194	at least twice a year. The assessment must be based upon sound
1195	educational principles and contemporary research in effective
1196	educational practices. The assessment must primarily use data
1197	and indicators of improvement in student performance assessed
1198	annually as specified in s. 1008.22 and may consider results of
1199	peer reviews in evaluating the employee's performance. Student
1200	performance must be measured by state assessments required under
1201	s. 1008.22 and by local assessments for subjects and grade
1202	levels not measured by the state assessment program. The
1203	appraisal assessment criteria must include, but are not limited
1204	to, indicators that relate to the following:
1205	1.  Performance of students.
1206	a.  Beginning with the 2014-2015 school year and
1207	thereafter, for the classroom teacher, the learning gains of
1208	students assigned to the teacher must comprise more than 50
1209	percent of the determination of the classroom teacher's
1210	performance. Beginning with the 2014-2015 school year and
1211	thereafter, for instructional personnel who are not classroom
1212	teachers, the learning gains of students assigned to the school
1213	must comprise more than 50 percent of the determination of the
1214	individual's performance. A school district may use the learning
1215	gains of students assigned to the classroom teacher for the
1216	preceding 3 years or, for instructional personnel who are not
1217	classroom teachers, the learning gains of students assigned to
1218	the school for the preceding 3 years, to determine the
1219	individual's performance. For purposes of this sub-subparagraph,
1220	"school" means the school to which the instructional personnel
1221	who is not a classroom teacher was assigned for the last 3
1222	years. Student learning gains are measured by state assessments
1223	required under s. 1008.22, examinations in AP, IB, AICE, or a
1224	national industry certification identified in the Industry
1225	Certification Funding List pursuant to rules adopted by the
1226	State Board of Education, or district assessments for subject
1227	areas and grade levels as required under s. 1008.222.
1228	b.  For instructional personnel, more than 50 percent of
1229	the determination of the individual's performance must be based
1230	on the performance of students assigned to their classrooms or
1231	schools, as appropriate. Student performance must be measured by
1232	state assessments required under s. 1008.22 and by local
1233	assessments for subjects and grade levels not measured by the
1234	state assessment program. This sub-subparagraph expires July 1,
1235	2014.
1236	2.  Instructional practice. For instructional personnel,
1237	performance criteria must be based on the Florida Educator
1238	Accomplished Practices adopted by the State Board of Education
1239	by rule, which include:
1240	a.  Ability to maintain appropriate discipline.
1241	b.3.  Knowledge of subject matter. The district school
1242	board shall make special provisions for evaluating teachers who
1243	are assigned to teach out-of-field.
1244	c.4.  Ability to plan and deliver effective instruction and
1245	the effective use of technology in the classroom.
1246	d.5.  Ability to use assessment data and other evidence of
1247	student learning to design and implement differentiated
1248	instructional strategies in order to meet individual student
1249	needs for remediation or acceleration evaluate instructional
1250	needs.
1251	e.6.  Ability to establish and maintain a positive
1252	collaborative relationship with students' families to increase
1253	student achievement.
1254	f.7.  Other professional competencies, responsibilities,
1255	and requirements as established by rules of the State Board of
1256	Education and policies of the district school board.
1257	3.  Instructional leadership performance.
1258	a.  Beginning with the 2014-2015 school year and
1259	thereafter, for a school-based administrator, the learning gains
1260	of students assigned to the school must comprise more than 50
1261	percent of the determination of the school-based administrator's
1262	performance. A school district may use the learning gains of
1263	students assigned to the school for the preceding 3 years to
1264	determine the school-based administrator's performance. For
1265	purposes of this sub-subparagraph, "school" means the school to
1266	which the administrator was assigned for the last 3 years.
1267	Student learning gains are measured by state assessments
1268	required under s. 1008.22, examinations in AP, IB, AICE, or a
1269	national industry certification identified in the Industry
1270	Certification Funding List pursuant to rules adopted by the
1271	State Board of Education, or district assessments for subject
1272	areas and grade levels as required under s. 1008.222.
1273	b.  For school-based administrators, more than 50 percent
1274	of the determination of the individual's performance must be
1275	based on the performance of students assigned to their schools.
1276	Student performance must be measured by state assessments
1277	required under s. 1008.22 and by local assessments for subjects
1278	and grade levels not measured by the state assessment program.
1279	This sub-subparagraph expires July 1, 2014.
1280	4.  Instructional leadership practice. For a school-based
1281	administrator, performance criteria must be based on the Florida
1282	Principal Leadership Standards adopted by the State Board of
1283	Education under s. 1012.986, which includes the ability to:
1284	a.  Manage human, financial, and material resources so as
1285	to maximize the share of resources used for direct instruction,
1286	as opposed to overhead or other purposes; and
1287	b.  Recruit and retain high-performing teachers.
1288	(b)  All personnel must be fully informed of the criteria
1289	and procedures associated with the appraisal assessment process
1290	before the appraisal assessment takes place.
1291	(c)  The individual responsible for supervising the
1292	employee must evaluate assess the employee's performance. The
1293	evaluator must submit a written report of the appraisal
1294	assessment to the district school superintendent for the purpose
1295	of reviewing the employee's contract. The evaluator must submit
1296	the written report to the employee no later than 10 days after
1297	the appraisal assessment takes place. The evaluator must discuss
1298	the written report of the appraisal assessment with the
1299	employee. The employee shall have the right to initiate a
1300	written response to the appraisal assessment, and the response
1301	shall become a permanent attachment to his or her personnel
1302	file.
1303	(d)  If an employee is not performing his or her duties in
1304	a satisfactory manner, the evaluator shall notify the employee
1305	in writing of such determination. The notice must describe such
1306	unsatisfactory performance and include notice of the following
1307	procedural requirements:
1308	1.  Upon delivery of a notice of unsatisfactory
1309	performance, the evaluator must confer with the employee, make
1310	recommendations with respect to specific areas of unsatisfactory
1311	performance, and provide assistance in helping to correct
1312	deficiencies within a prescribed period of time.
1313	2.a.  If the employee holds an annual contract as provided
1314	in s. 1012.335, and receives an unsatisfactory performance
1315	appraisal pursuant to the criteria in subparagraph (a)2., the
1316	employee may request a review of the appraisal by the district
1317	school superintendent or his or her designee. The district
1318	school superintendent may review the employee's appraisal.
1319	b.  If the employee holds a professional service contract
1320	as provided in s. 1012.33, the employee shall be placed on
1321	performance probation and governed by the provisions of this
1322	section for 90 calendar days following the receipt of the notice
1323	of unsatisfactory performance to demonstrate corrective action.
1324	School holidays and school vacation periods are not counted when
1325	calculating the 90-calendar-day period. During the 90 calendar
1326	days, the employee who holds a professional service contract
1327	must be evaluated periodically and apprised of progress achieved
1328	and must be provided assistance and inservice training
1329	opportunities to help correct the noted performance
1330	deficiencies. At any time during the 90 calendar days, the
1331	employee who holds a professional service contract may request a
1332	transfer to another appropriate position with a different
1333	supervising administrator; however, a transfer does not extend
1334	the period for correcting performance deficiencies.
1335	c.b.  Within 14 days after the close of the 90 calendar
1336	days, the evaluator must evaluate assess whether the performance
1337	deficiencies have been corrected and forward a recommendation to
1338	the district school superintendent. Within 14 days after
1339	receiving the evaluator's recommendation, the district school
1340	superintendent must notify the employee who holds a professional
1341	service contract in writing whether the performance deficiencies
1342	have been satisfactorily corrected and whether the district
1343	school superintendent will recommend that the district school
1344	board continue or terminate his or her employment contract. If
1345	the employee wishes to contest the district school
1346	superintendent's recommendation, the employee must, within 15
1347	days after receipt of the district school superintendent's
1348	recommendation, submit a written request for a hearing. The
1349	hearing shall be conducted at the district school board's
1350	election in accordance with one of the following procedures:
1351	(I)  A direct hearing conducted by the district school
1352	board within 60 days after receipt of the written appeal. The
1353	hearing shall be conducted in accordance with the provisions of
1354	ss. 120.569 and 120.57. A majority vote of the membership of the
1355	district school board shall be required to sustain the district
1356	school superintendent's recommendation. The determination of the
1357	district school board shall be final as to the sufficiency or
1358	insufficiency of the grounds for termination of employment; or
1359	(II)  A hearing conducted by an administrative law judge
1360	assigned by the Division of Administrative Hearings of the
1361	Department of Management Services. The hearing shall be
1362	conducted within 60 days after receipt of the written appeal in
1363	accordance with chapter 120. The recommendation of the
1364	administrative law judge shall be made to the district school
1365	board. A majority vote of the membership of the district school
1366	board shall be required to sustain or change the administrative
1367	law judge's recommendation. The determination of the district
1368	school board shall be final as to the sufficiency or
1369	insufficiency of the grounds for termination of employment.
1370	(4)  The district school superintendent shall notify the
1371	department of any instructional personnel who receive two
1372	consecutive unsatisfactory evaluations and who have been given
1373	written notice by the district that their employment is being
1374	terminated or is not being renewed or that the district school
1375	board intends to terminate, or not renew, their employment. The
1376	department shall conduct an investigation to determine whether
1377	action shall be taken against the certificateholder pursuant to
1378	s. 1012.795(1)(c).
1379	(5)  The district school superintendent shall develop a
1380	mechanism for evaluating the effective use of appraisal
1381	assessment criteria and evaluation procedures by administrators
1382	who are assigned responsibility for evaluating the performance
1383	of instructional personnel. The use of the appraisal assessment
1384	and evaluation procedures shall be considered as part of the
1385	annual appraisal assessment of the administrator's performance.
1386	The system must include a mechanism to give parents and teachers
1387	an opportunity to provide input into the administrator's
1388	performance assessment, when appropriate.
1389	(6)  Nothing in this section shall be construed to grant a
1390	probationary employee a right to continued employment beyond the
1391	term of his or her contract.
1392	(7)  The district school board shall establish a procedure
1393	annually reviewing instructional personnel appraisal assessment
1394	systems to determine compliance with this section. All
1395	substantial revisions to an approved system must be reviewed and
1396	approved by the district school board before being used to
1397	evaluate assess instructional personnel. Upon request by a
1398	school district, the department shall provide assistance in
1399	developing, improving, or reviewing an appraisal assessment
1400	system.
1401	(8)  The State Board of Education shall adopt rules
1402	pursuant to ss. 120.536(1) and 120.54, that establish uniform
1403	guidelines for the submission, review, and approval of district
1404	procedures for the annual appraisal assessment of instructional
1405	personnel and school-based administrative personnel and that
1406	include the method of calculating rates of student learning tied
1407	to differentiated levels of performance as provided for in
1408	paragraph (2)(g) and criteria for evaluating professional
1409	performance.
1410	Section 29.  Subsection (3) is added to section 1012.42,
1411	Florida Statutes, to read:
1412	1012.42  Teacher teaching out-of-field.-
1413	(3)  CERTIFICATION REQUIREMENTS.-Beginning in the 2010-2011
1414	school year, a district school board shall not assign any
1415	beginning teacher to teach reading, science, or mathematics if
1416	he or she is not certified in reading, science, or mathematics.
1417	Section 30.  Section 1012.52, Florida Statutes, is
1418	repealed.
1419	Section 31.  Paragraph (c) of subsection (2), subsections
1420	(5), (6), and (7), paragraph (b) of subsection (9), and
1421	subsection (17) of section 1012.56, Florida Statutes, are
1422	amended to read:
1423	1012.56  Educator certification requirements.-
1424	(2)  ELIGIBILITY CRITERIA.-To be eligible to seek
1425	certification, a person must:
1426	(c)  Document receipt of a bachelor's or higher degree from
1427	an accredited institution of higher learning, or a nonaccredited
1428	institution of higher learning that the Department of Education
1429	has identified as having a quality program resulting in a
1430	bachelor's degree, or higher. Each applicant seeking initial
1431	certification must have attained at least a 2.5 overall grade
1432	point average on a 4.0 scale in the applicant's major field of
1433	study. The applicant may document the required education by
1434	submitting official transcripts from institutions of higher
1435	education or by authorizing the direct submission of such
1436	official transcripts through established electronic network
1437	systems. The bachelor's or higher degree may not be required in
1438	areas approved in rule by the State Board of Education as
1439	nondegreed areas. The State Board of Education may adopt rules
1440	that, for purposes of demonstrating completion of certification
1441	requirements specified in state board rule, allow for the
1442	acceptance of college course credits recommended by the American
1443	Council on Education (ACE), as posted on an official ACE
1444	transcript.
1445	(5)  MASTERY OF SUBJECT AREA KNOWLEDGE.-Acceptable means of
1446	demonstrating mastery of subject area knowledge are:
1447	(a)  Achievement of passing scores on subject area
1448	examinations required by state board rule, which may include,
1449	but need not be limited to, world languages in Arabic, Chinese,
1450	Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1451	Italian, Japanese, Portuguese, Russian, and Spanish;
1452	(b)  Completion of a bachelor's degree or higher and
1453	verification of the attainment of an oral proficiency interview
1454	score above the intermediate level and a written proficiency
1455	score above the intermediate level on a test administered by the
1456	American Council on the Teaching of Foreign Languages for which
1457	there is no Florida-developed examination;
1458	(c)  Completion of the subject area specialization
1459	requirements specified in state board rule and verification of
1460	the attainment of the essential subject matter competencies by
1461	the district school superintendent of the employing school
1462	district or chief administrative officer of the employing state-
1463	supported or private school for a subject area for which a
1464	subject area examination has not been developed and required by
1465	state board rule;
1466	(d)  Completion of the subject area specialization
1467	requirements specified in state board rule for a subject
1468	coverage requiring a master's or higher degree and achievement
1469	of a passing score on the subject area examination specified in
1470	state board rule;
1471	(e)  A valid professional standard teaching certificate
1472	issued by another state and achievement of a passing score on
1473	the subject area examination specified in State Board of
1474	Education rule or by a full demonstration of mastery of his or
1475	her ability to teach the subject area for which he or she is
1476	seeking certification, as provided by rules of the State Board
1477	of Education; or
1478	(f)  A valid certificate issued by the National Board for
1479	Professional Teaching Standards or a national educator
1480	credentialing board approved by the State Board of Education.
1481
1482	School districts are encouraged to provide mechanisms for those
1483	middle school teachers holding only a K-6 teaching certificate
1484	to obtain a subject area coverage for middle grades through
1485	postsecondary coursework or district add-on certification.
1486	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1487	COMPETENCE.-Acceptable means of demonstrating mastery of
1488	professional preparation and education competence are:
1489	(a)  Completion of an approved teacher preparation program
1490	at a postsecondary educational institution within this state and
1491	achievement of a passing score on the professional education
1492	competency examination required by state board rule;
1493	(b)  Completion of a teacher preparation program at a
1494	postsecondary educational institution outside Florida and
1495	achievement of a passing score on the professional education
1496	competency examination required by state board rule;
1497	(c)  A valid professional standard teaching certificate
1498	issued by another state;
1499	(d)  A valid certificate issued by the National Board for
1500	Professional Teaching Standards or a national educator
1501	credentialing board approved by the State Board of Education;
1502	(e)  Documentation of two semesters of successful teaching
1503	in a community college, state university, or private college or
1504	university that awards an associate or higher degree and is an
1505	accredited institution or an institution of higher education
1506	identified by the Department of Education as having a quality
1507	program;
1508	(f)  Completion of professional preparation courses as
1509	specified in state board rule, successful completion of a
1510	professional education competence demonstration program pursuant
1511	to paragraph (8)(b), and achievement of a passing score on the
1512	professional education competency examination required by state
1513	board rule;
1514	(g)  Successful completion of a professional preparation
1515	alternative certification and education competency program,
1516	outlined in paragraph (8)(a); or
1517	(h)  Successful completion of an alternative certification
1518	program pursuant to s. 1004.85 and achievement of a passing
1519	score on the professional education competency examination
1520	required by rule of the State Board of Education; or.
1521	(i)  Successful completion of a professional education
1522	training program provided by Teach for America and achievement
1523	of a passing score on the professional education competency
1524	examination required by rule of the State Board of Education.
1525	(7)  TYPES AND TERMS OF CERTIFICATION.-
1526	(a)  The Department of Education shall issue a professional
1527	certificate for a period not to exceed 5 years to any applicant
1528	who meets all the requirements outlined in subsection (2).
1529	(b)  The department shall issue a temporary certificate to
1530	any applicant who meets the following requirements:
1531	1.  Completes the requirements outlined in paragraphs
1532	(2)(a)-(f); and
1533	2.a.  Completes the subject area content requirements
1534	specified in state board rule; or
1535	b.  Demonstrates mastery of subject area knowledge pursuant
1536	to subsection (5); and
1537	3.  Holds an accredited degree or a degree approved by the
1538	Department of Education at the level required for the subject
1539	area specialization in state board rule.
1540	(c)  The department shall issue one nonrenewable 2-year
1541	temporary certificate and one nonrenewable 5-year professional
1542	certificate to a qualified applicant who holds a bachelor's
1543	degree in the area of speech-language impairment to allow for
1544	completion of a master's degree program in speech-language
1545	impairment.
1546
1547	Each temporary certificate is valid for 3 school fiscal years
1548	and is nonrenewable. However, the requirement in paragraphs
1549	paragraph (2)(g) and (h) must be met within 1 calendar year of
1550	the date of employment under the temporary certificate.
1551	Individuals who are employed under contract at the end of the 1
1552	calendar year time period may continue to be employed through
1553	the end of the school year in which they have been contracted. A
1554	school district shall not employ, or continue the employment of,
1555	an individual in a position for which a temporary certificate is
1556	required beyond this time period if the individual has not met
1557	the requirement of paragraph (2)(g) or paragraph (2)(h). The
1558	State Board of Education shall adopt rules to allow the
1559	department to extend the validity period of a temporary
1560	certificate for 2 years when the requirements for the
1561	professional certificate, not including the requirement in
1562	paragraph (2)(g) or paragraph (2)(h), were not completed due to
1563	the serious illness or injury of the applicant or other
1564	extraordinary extenuating circumstances. The department shall
1565	reissue the temporary certificate for 2 additional years upon
1566	approval by the Commissioner of Education. A written request for
1567	reissuance of the certificate shall be submitted by the district
1568	school superintendent, the governing authority of a university
1569	lab school, the governing authority of a state-supported school,
1570	or the governing authority of a private school.
1571	(9)  EXAMINATIONS.-
1572	(b)  The State Board of Education shall, by rule, specify
1573	the examination scores that are required for the issuance of a
1574	professional certificate and temporary certificate. Such rules
1575	must define generic subject area and reading instruction
1576	competencies and must establish uniform evaluation guidelines.
1577	The State Board of Education shall review the current subject
1578	area examinations and, if necessary, revise the passing scores
1579	and reading instruction pursuant to s. 1001.215 required for
1580	achieving certification in order to match expectations for
1581	teacher competency in each subject area.
1582	(17)  COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.-
1583	Beginning with the 2003-2004 school year, The Department of
1584	Education shall conduct a longitudinal study to compare
1585	performance of certificateholders who are employed in Florida
1586	school districts. The study shall compare a sampling of
1587	educators who have qualified for a professional certificate
1588	since July 1, 2002, based on the following:
1589	(a)  Graduation from a state-approved teacher preparation
1590	program.
1591	(b)  Completion of a state-approved professional
1592	preparation and education competency program.
1593	(c)  A valid standard teaching certificate issued by a
1594	state other than Florida.
1595
1596	The department comparisons shall be made to determine if there
1597	is any significant difference in the performance of these groups
1598	of teachers, as measured by their students' achievement levels
1599	and learning gains as measured by s. 1008.22.
1600	Section 32.  Paragraph (b) of subsection (2) and subsection
1601	(5) of section 1012.585, Florida Statutes, are amended, and
1602	subsection (6) is added to that section, to read:
1603	1012.585  Process for renewal of professional
1604	certificates.-
1605	(2)
1606	(b)  A teacher with national certification from the
1607	National Board for Professional Teaching Standards is deemed to
1608	meet state renewal requirements for the life of the teacher's
1609	national certificate in the subject shown on the national
1610	certificate. A complete renewal application and fee shall be
1611	submitted. The Commissioner of Education shall notify teachers
1612	of the renewal application and fee requirements. This paragraph
1613	expires July 1, 2014.
1614	(5)  The State Board of Education shall adopt rules to
1615	allow the reinstatement of expired professional certificates.
1616	The department may reinstate an expired professional certificate
1617	if the certificateholder:
1618	(a)  Submits an application for reinstatement of the
1619	expired certificate.
1620	(b)  Documents completion of 6 college credits during the 5
1621	years immediately preceding reinstatement of the expired
1622	certificate, completion of 120 inservice points, or a
1623	combination thereof, in an area specified in paragraph (3)(a).
1624	(c)  Meets the requirements in subsection (6).
1625	(d)(c)  During the 5 years immediately preceding
1626	reinstatement of the certificate, achieves a passing score on
1627	the subject area test for each subject to be shown on the
1628	reinstated certificate.
1629
1630	The requirements of this subsection may not be satisfied by
1631	subject area tests or college credits completed for issuance of
1632	the certificate that has expired.
1633	(6)  Beginning with the 2014-2015 school year, the
1634	requirements for the renewal of a professional certificate shall
1635	include documentation of effective or highly effective
1636	performance as demonstrated under s. 1012.34 for at least 4 of
1637	the preceding 5 years before the renewal certification is
1638	sought. The State Board of Education shall adopt rules to define
1639	the process for documenting effective performance under this
1640	subsection, including equivalent options for individuals who
1641	have not been evaluated under s. 1012.34. An individual's
1642	certificate shall expire if the individual is not able to
1643	demonstrate effective performance as required under this
1644	subsection and the rules of the state board. The individual may
1645	apply to reinstate his or her professional certificate under
1646	subsection (5).
1647	Section 33.  Subsection (2) of section 1012.72, Florida
1648	Statutes, is amended to read:
1649	1012.72  Dale Hickam Excellent Teaching Program.-
1650	(2)  The Dale Hickam Excellent Teaching Program is created
1651	to provide categorical funding for bonuses for teaching
1652	excellence. The bonuses may be provided for initial
1653	certification for up to one 10-year period for individuals
1654	holding NBPTS certification on July 1, 2010, and who remain
1655	continuously employed in a public school in this state or the
1656	Florida School for the Deaf and the Blind. The Department of
1657	Education shall distribute to each school district an amount as
1658	prescribed annually by the Legislature for the Dale Hickam
1659	Excellent Teaching Program. For purposes of this section, the
1660	Florida School for the Deaf and the Blind shall be considered a
1661	school district. Unless otherwise provided in the General
1662	Appropriations Act, each distribution shall be the sum of the
1663	amounts earned for the following:
1664	(a)  An annual bonus equal to 10 percent of the prior
1665	fiscal year's statewide average salary for classroom teachers to
1666	be distributed to the school district to be paid to each
1667	individual who holds NBPTS certification and is employed by the
1668	district school board or by a public school within the school
1669	district. The district school board shall distribute the annual
1670	bonus to each individual who meets the requirements of this
1671	paragraph and who is certified annually by the district to have
1672	demonstrated satisfactory teaching performance pursuant to s.
1673	1012.34. The annual bonus may be paid as a single payment or
1674	divided into not more than three payments.
1675	(b)  An annual bonus equal to 10 percent of the prior
1676	fiscal year's statewide average salary for classroom teachers to
1677	be distributed to the school district to be paid to each
1678	individual who meets the requirements of paragraph (a) and
1679	agrees, in writing, to provide the equivalent of 12 workdays of
1680	mentoring and related services to public school teachers within
1681	the state who do not hold NBPTS certification. Related services
1682	must include instruction in helping teachers work more
1683	effectively with the families of their students. The district
1684	school board shall distribute the annual bonus in a single
1685	payment following the completion of all required mentoring and
1686	related services for the year. It is not the intent of the
1687	Legislature to remove excellent teachers from their assigned
1688	classrooms; therefore, credit may not be granted by a school
1689	district or public school for mentoring or related services
1690	provided during student contact time during the 196 days of
1691	required service for the school year.
1692	(c)  The employer's share of social security and Medicare
1693	taxes for those teachers who receive bonus amounts under
1694	paragraph (a) or paragraph (b).
1695	Section 34.  Subsection (1) of section 1012.79, Florida
1696	Statutes, is amended to read:
1697	1012.79  Education Practices Commission; organization.-
1698	(1)  The Education Practices Commission consists of 25
1699	members, including 11 8 teachers; 5 administrators, at least one
1700	of whom may shall represent a private school; 5 7 lay citizens,
1701	3 5 of whom shall be parents of public school students and who
1702	are unrelated to public school employees and 2 of whom shall be
1703	former district school board members; and 4 5 sworn law
1704	enforcement officials, appointed by the State Board of Education
1705	from nominations by the Commissioner of Education and subject to
1706	Senate confirmation. Prior to making nominations, the
1707	commissioner shall consult with teaching associations, parent
1708	organizations, law enforcement agencies, and other involved
1709	associations in the state. In making nominations, the
1710	commissioner shall attempt to achieve equal geographical
1711	representation, as closely as possible.
1712	(a)  A teacher member, in order to be qualified for
1713	appointment:
1714	1.  Must be certified to teach in the state.
1715	2.  Must be a resident of the state.
1716	3.  Must have practiced the profession in this state for at
1717	least 10 years, with at least 5 years of experience in this
1718	state immediately preceding the appointment.
1719	(b)  A school administrator member, in order to be
1720	qualified for appointment:
1721	1.  Must have an endorsement on the educator certificate in
1722	the area of school administration or supervision.
1723	2.  Must be a resident of the state.
1724	3.  Must have practiced the profession as an administrator
1725	for at least 5 years immediately preceding the appointment.
1726	(c)  The lay members must be residents of the state.
1727	(d)  The law enforcement official members must have served
1728	in the profession for at least 5 years immediately preceding
1729	appointment and have background expertise in child safety.
1730	Section 35.  Paragraph (h) of subsection (1) of section
1731	1012.795, Florida Statutes, is amended to read:
1732	1012.795  Education Practices Commission; authority to
1733	discipline.-
1734	(1)  The Education Practices Commission may suspend the
1735	educator certificate of any person as defined in s. 1012.01(2)
1736	or (3) for up to 5 years, thereby denying that person the right
1737	to teach or otherwise be employed by a district school board or
1738	public school in any capacity requiring direct contact with
1739	students for that period of time, after which the holder may
1740	return to teaching as provided in subsection (4); may revoke the
1741	educator certificate of any person, thereby denying that person
1742	the right to teach or otherwise be employed by a district school
1743	board or public school in any capacity requiring direct contact
1744	with students for up to 10 years, with reinstatement subject to
1745	the provisions of subsection (4); may revoke permanently the
1746	educator certificate of any person thereby denying that person
1747	the right to teach or otherwise be employed by a district school
1748	board or public school in any capacity requiring direct contact
1749	with students; may suspend the educator certificate, upon an
1750	order of the court or notice by the Department of Revenue
1751	relating to the payment of child support; or may impose any
1752	other penalty provided by law, if the person:
1753	(h)  Has breached a contract, as provided in s. 1012.33(2)
1754	or s. 1012.335.
1755	Section 36.  Review of teacher preparation program
1756	funding.-
1757	(1)  The Department of Education, in collaboration with the
1758	Board of Governors, shall develop a methodology to determine the
1759	cost-effectiveness of the teacher preparation programs in ss.
1760	1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
1761	methodology for determining program costs must use existing
1762	expenditure data, when available.
1763	(2)  On or before December 1, 2011, the Department of
1764	Education shall submit a report to the Governor, the President
1765	of the Senate, and the Speaker of the House of Representatives
1766	which:
1767	(a)  Provides a methodology to evaluate the cost-
1768	effectiveness of teacher preparation programs based on program
1769	costs, program outcomes of student cohorts such as completion
1770	rates, placement rates in teaching jobs, retention rates in the
1771	classroom, and student achievement and learning gains of
1772	students taught by graduates;
1773	(b)  Uses the methodology developed to evaluate the cost-
1774	effectiveness of the state's teacher preparation programs; and
1775	(c)  Provides recommendations that would enhance the
1776	Legislature's ability to consider the program's productivity
1777	when allocating funds.
1778	(3)  The Office of Program Policy Analysis and Government
1779	Accountability shall review the current standards for the
1780	continued approval of teacher preparation programs and make
1781	recommendations to the Legislature on or before January 1, 2012,
1782	for any needed changes. Such recommendations shall include
1783	proposed changes to the allocation of any state funds to teacher
1784	preparation programs and the students enrolled in these
1785	programs.
1786	Section 37.  (1)  Any school district that received a grant
1787	of at least $75 million from a private foundation for the
1788	purpose of improving the effectiveness of teachers within the
1789	school district may seek an annual exemption from the State
1790	Board of Education of ss. 1008.222 and 1011.626, Florida
1791	Statutes, as created by this act, and the amendments to ss.
1792	1012.22 and 1012.34, Florida Statutes, made by this act.
1793	(2)  To receive approval from the State Board of Education
1794	for an exemption under this section, a school district must
1795	demonstrate to the State Board of Education that it is
1796	implementing the following:
1797	(a)  A teacher appraisal system that uses student
1798	performance as the single greatest component of the teacher's
1799	evaluation.
1800	(b)  A teacher compensation system that awards salary
1801	increases based on sustained student performance.
1802	(c)  A teacher contract system that awards contracts based
1803	on student performance.
1804	(3)  The State Board of Education shall annually renew a
1805	school district's exemption if the school district provides a
1806	progress report that demonstrates that the school district
1807	continues to meet the requirements of subsection (2).
1808	(4)  The State Board of Education shall adopt rules
1809	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1810	establish the procedures for applying for an exemption under
1811	this section.
1812	Section 38.  If any provision of this act or its
1813	application to any person or circumstance is held invalid, the
1814	invalidity does not affect other provisions or applications of
1815	the act which can be given effect without the invalid provision
1816	or application, and to this end the provisions of this act are
1817	severable.
1818	Section 39.  The amendment to s. 1012.33, Florida Statutes,
1819	made by this act shall apply to contracts newly entered into,
1820	extended, or readopted on or after July 1, 2010, and to all
1821	contracts on or after July 1, 2013.
1822	Section 40.  Except as otherwise expressly provided in this
1823	act, this act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.